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AG 22-057 - GOVERNMENT TECHNOLOGY GROUPRETURN TO: Terry Smith EXT: 2550 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: INFORMATION TECHNOLGY 2. ORIGINATING STAFF PERSON: THOMAS FICHTNER EXT: 2547 3. DATE REQ. BY: ASAP 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION A CONTRACT AMENDMENT (AG#): 22-057 ❑ INTERLOCAL © OTHER Extension to March 31, 2023 S. PROJECTNAME: BROADBAND PLANNING STUDY EXTENSION OF DEADLINE 6. NAME OF CONTRACTOR: GOVERNMENT TECHNOLOGY GROUP, LLC ADDRESS: 2930 GREER ROAD, SUITE 273, TURLOCK, CA, 95382 TELEPHONE (209) 678-3077 E-MAIL: PROJECTS@GOVTECHGROUP.NET;;JEFFF@GOVTECHGROUP.NET FAX: SIGNATURE NAME: JEFF LEWIS —TITLE PRINCIPAL CONSULTANT 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: 01/01/2023 COMPLETION DATE: 03/31/2023 9. TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES A NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED 10YES IDNO IF YES, $ PAID BY: ❑ CONTRACTOR A CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED it PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-490 10. DOCUMENT/CONTRACT REVIEW IMTT ID ERE -VIEWED INITIAL/DATE APPROVED ❑ �ROJECTMANAGER (DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) lJ LAW TMW 12/15/22 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING la'SENT TO VENDOR/CONTRACTOR DATE SENT: ��h�2� ZZ DATE REC'D: l Z� 5�ZZ Z7, ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL/ DATE SIGNED 4LAW DEPARTMENT C 11, It ft kzz. 01 SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# AG# .� COMMENTS:. 2/2017 CITY OF CITY HALL Fe d e ra 1111la Feder Avenue South Federall Way, WA 98003-'i325 �� (253) 835-7000 www r wffedwal way com AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT FOR BROADBAND PLANNING STUDY This Amendment ("Amendment No. 1") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Government Technology Group LLC, a California limited liability company ("Contractor"). The City and Contractor (together "Parties"), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for the Broadband Planning Study ("Agreement") dated effective May 12, 2022, as follows: 1. AMENDED TERM. The term of the Agreement, as referenced by Section 1 of the Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no later than March 31, 2023 ("Amended Term"). 2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govem this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] 0 AMENDMENT - 1 - Rev. 3/2017 `CITY OF CITY HALL Fe d e ra I Way Feder l Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cltyoffederahvay, com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: ATTEST: By:, Jim FWay DATE:�� GOVERNMENT TECJiNOLOGY GROUP LLC: By: Printed Name: Jeff Lewis Title: Princ€ al Consultant DATE: I Z STATE OF CALIFORNIA ) ss. COUNTY OF,)TCn�sIC� of ) 4M,aa S i'nie Courtney, CMC C ty Clerk APPROVED AS TO FORM: J. Ryan Call, City Attorney A notary Public or other offleartornpleeing this w0cate vertfles only the Identity of the Individual who signed the doeueiwtto which this ceracsts Is attached, erd aat the truthfuiness, accuracy, or validly of tlMt eSflcurrveM. On this day personally appeared before me !+ le' ticn��`1 Iry 61, C _ . Y p Y PP '�� �j�Gi� rn���i:n to me known to be the of :e h,-�.4L that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. GIVEN my hand and official seal this day of �)EC v M 6 r * 20 9. � Notary's signature Notary's printed name V. I AU • o ASHLEYNICOLEMCPHERSON Notary Public in and for the StateofCalifornia. Notary Public - California My commission expires r (1' — ;) U Stanislaus County_ Commission X 2397331 i ° My Comm, Expires Mar 16, 2026 r AMENDMENT - 2 - Rev. 3/2017 RETURN TO: Thomas Fichtner EXT: 2547 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: Information Technology 2. ORIGINATING STAFF PERSON: Thomas Fichtner EXT: 2547 3. DATE REQ. BY: ASAP 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT A PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): ❑ INTERLOCAL ❑ OTHER 5. PROJECT NAME: Broadband Planning Study RFP Consultant Selection 6. NAME OF CONTRACTOR: Government Technology Group, LLC ADDRESS: 2930 Greer Road, Suite 273, Turlock, CA 95382 TELEPHONE (209)678-3077 E-MAIL: projects@govlechgroup.net; jeff@govtechgroup.net SIGNATURENAME: Jeff Lewis TITLE Principal Consultant 7. EXHIBITS AND ATTACHMENTS: IN SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: Upon Execution COMPLETION DATE: 12/30/2022 9. TOTAL COMPENSATION $ 74,894.20 (with 14 r contingency & tax) (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES IR:NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED 10YES ONO IF YES, $ 6,870.40 (with contingency) PAID BY: ❑ CONTRACTOR A CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED A PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-490 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL/ DATE APPROVED ❑ PROJECT MANAGER ®. DIRECTOR TJF 5/9/22 ❑ RISKMANAGEMENT (IFAPPLICABLE) ❑ LAW JRC 5/9/2022 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: 41 Z�ZZ COUNCIL APPROVAL DATE: Z/OZ`L 12. CONTRACT SIGNATURE ROUTING _ YSENT TO VENDOR/CONTRACTOR DATE SENT: 5 11/Z0Z2 DATE REC'D: S-I,Zra ZZ ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL I DATE SIGNED LAW DEPARTMENT GNATORY (A4AYQR OR DIRECTOR) CITY CLERK ASSIGNED AG# AG# " r COMMENTS: �[ See Tonia's suggested edits.�� 2/2017 CITY OF CITY HALL Federal � 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.. ci"ffederaWay.. com PROFESSIONAL SERVICES AGREEMENT FOR Broadband Planning Study This Professional Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Government Technology Group LLC, a California limited liability company ("Contractor"). The City and Contractor (together "Parties") are located and do business at the below addresses, which shall be valid for any notice required under this Agreement: Government Technology Group LLC Jeff Lewis 2930 Geer Rd., Suite 273 Turlock, CA 95382 (209)678-3077 (telephone) (209)235-6387 (facsimile) The Parties agree as follows: CITY OF FEDERAL WAY: Thomas Fichtner 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-2547 (telephone) (253) 835-2509 (facsimile) thomas.fichtner(a-,)cityoffederalway.com 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Services specified in this Agreement, but in any event no later than December 30, 2022 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the Parties. 2. SERVICES. The Contractor shall perform the services more specifically described in Exhibit A ("Services"), attached hereto and incorporated by this reference, in a manner consistent with the accepted professional practices for other similar services within the Puget Sound region in effect at the time those services are performed, performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Services and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. Services shall begin immediately upon the effective date of this Agreement. Services shall be subject, at all times, to inspection by and approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Agreement, notwithstanding the City's knowledge of defective or non -complying performance, its substantiality or the ease of its discovery. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days' written notice at its address set forth above. The City may terminate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12 of this Agreement. Termination for such conduct may render the Contractor ineligible for City agreements in the future. 4. COMPENSATION. 4.1 Amount. In return for the Services, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit B, attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit B, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance of Services and payment under this Agreement. PROFESSIONAL SERVICES AGREEMENT - 1 - Rev. 7/2021 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www Wyoffederal way. com 4.2 Method -of Payment. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Services have been performed, the name of the personnel performing such Services, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon completion of all Services. Payment shall be made on a monthly basis by the City only after the Services have been performed and within thirty (30) days following receipt and approval by the appropriate City representative of the voucher or invoice. If the Services do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 Non:Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. INDEMNIFICATION. 5.1 Contractor Indemnification. The Contractor agrees to release, indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives; arising from, resulting from, or in connection with this Agreement or the acts, errors or omissions of the Contractor in performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub -contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties acknowledge that they have mutually negotiated this waiver. 5.3 City indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, representatives, and sub -contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, representatives, employees, or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: PROFESSIONAL SERVICES AGREEMENT - 2 - Rev. 7/2021 CITY OF CITY HALL Fed a ra I Via Feder l Avenue South Federal Way, WA 98003-6325 (253) 835-7000 ww _dfyolled�erelway. com 6.1. Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products -completed operations, stopgap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $2,000,000 for each occurrence and $2,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington. C. Automobile liability insurance covering all owned, non -owned, hired, and leased vehicles with a minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. d. Professional liability insurance with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate for damages sustained by reason of or in the course of operation under this Agreement, whether occurring by reason of acts, errors or omissions of the Contractor. 6.2. No Limit of Liability. Contractor's maintenance of insurance as required by this Agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance. 6.3. Additional Insured. Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit C and incorporated by this reference. At the City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Contractor's insurance policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is terminated or upon project completion and acceptance by the City. 6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential and subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. All records submitted by the City to the Contractor will be safeguarded by the Contractor. The Contractor will fully cooperate with the City in identifying, assembling, and providing records in case of any public records request. 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media, or material that may be produced or modified by Contractor while performing the Services shall belong to the City upon delivery. The Contractor shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 9. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Services specified in this Agreement, and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review, or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 10. INDEPENDENT CONTRACTOR. The Parties intend that the Contractor shall be an independent contractor and PROFESSIONAL SERVICES AGREEMENT - 3 - Rev. 7/2021 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253)835-7000 www cityoffederalway.com that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay, or any other benefit of employment, nor to pay any social security or other tax that may arise as an incident of this Agreement. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the Services specified in this Agreement and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the Services. The Contractor shall pay all income and other taxes due except as specifically provided in Section 4 of this Agreement. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 11. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other entities or persons; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, the negotiation, drafting, signing, administration of this Agreement, or the evaluation of the Contractor's performance. 12. EEUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, honorably discharged veteran or military status, sexual orientation including gender expression or identity, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Parts 21, 21.5, and 26, or any other applicable federal, state, or local law or regulation regarding non-discrimination. 13. GENERAL PROVISIONS. 13.1 Inte retation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assignment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non -assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and PROFESSIONAL SERVICES AGREEMENT - 4 - Rev. 7/2021 CITY OF CITY HALL Fede ra f Vila 33325 Sth Avenue South y Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffederahvay com assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 13.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. Time is of the essence in this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity, or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules, and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; however, nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof, it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] PROFESSIONAL SERVICES AGREEMENT - 5 - Rev. 7/2021 CITY OF .:Ns. Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 96003-6325 (253) 835-7000 www. cityoffederat my. com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: A Jim C1 DATE:~ Government Technology.�roup LLC: By: Printed Name: Jeff Lewis Title: Principal DATE: S Ill �— ATTEST: p anie Courtney, CM(j City Clerk APPROVED AS TO FORM: 6--� J. Ryan Call, City Attorney STATE OF CALIFORNIA ) 5 m- --JA r-% COUNTY OF STANISLAUS) 1\ On this day personally appeared before e Jeff Lewis, to me known to be the Principal of Government Technology Group LLC that executed the foregoin instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liabl 'ty company, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute aid instrument. GIVEN my hand and official seal this day of 2022. Notary's signatu Notary's printed otary Public in and for the State of California. Cy. commission expires PROFESSIONAL SERVICES AGREEMENT - 6 - Rev. 7/2021 •Y. . I■'i a ■•[ � •>' ph7 h■ _11i l I � hC r .■:[: - WU�I• [ iti r K[[- -RY- h =■ .F ■ n 1 7 E�_.� =. ■'�' F. ■• .■IWV I ri i ■ h County of a A 16 rtu..5 ) r b On N�a �%� -q-L a/I L hG� efore m Dab Mn iveme and rtfl3 of to OWww per"W appeamd ffry L :7A I-ev'-4 Name(s) of signer(s) who proved to me on the basis of saftftctorI evidence to be the pemn(s) whose name(s) isfare subscribed to the within Instrument and ached to me that hefshefthey executed the same in hisfWAheir authoitmd c apes f=--� and that by hWwftheir signaiure(s) on the instrument the Pemn(s). or the enfrly upon behalf of which the peer w(s) acted, executed the instrument. *my RYAN D. LYNCH NotaryPublic - California Stanislaus County Commission N 2331342 Comm. Expires Auq Fi I I oar* under PENALTY OF PERJURY under the laws of the States of Califomia that the ka)going paragraph is true and correct. WITNESS my hand and official seal. Ptaoe NOt W Seat Above OPMEAL Thwo flits secBon is oph anal, cornpM&ig ttLs ydbmmWvn Gan dlsty amwWon of the document or frauduknt raghw tMa t of #his form to an unirt# mded document Deswiption of des o'f� Title or Type Of DOCUmenf: rr4 04 Document Dalfa: 1 0 /2 o z Number of rages: � Signer(s) Other Then Named Above:.— ON I L ewr' ❑ Corporate Ofticter — Tit1 s): ❑ Partner — ❑ Unked ❑ cer='W ❑ Individual ❑ AftrnW in Fact ❑ Tsrustee ❑ r or GonwKvRkW L�C31him. A " � �7 SWW is ill - 5ic,;ne�-shame: - (Cprporais Officer — Title(S) - ❑ Partriar -- ❑ Lirrrted ❑ General ❑ IndNidual © Atborney in Fact ❑ Trustee ❑ Guardian or Consmsbor ❑ Other: Signer is Represerding: OR016 Ni l Notary Avawdgtlon ■ wisrw I►tatisarsselNatay-oig ■ 1-8t3-W NOTAFEY (1-800-87&4= Item OW07 CITY OF �. Federal Way EXHIBIT A SERVICES The Contractor shall do or provide the following: Scope of Services 1. Project Management & Meetings CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253)835-7000 www. cityotiederaM,ay.. com Government Technology Group LLC ("GTG") team will hold bi-weekly meetings with the City of Federal Way's project team to discuss the project status, deliverables, and any other topics to keep the project moving forward. Keeping the project moving forward without delays is key to the success of the overall project. The meetings will be preceded by agendas, handouts, and other documentation as needed. The meetings include GTG staff attendance with the Broadband Advisory Task Force. In addition to the bi-weekly meetings, GTG will be available for workshops, meetings, and interviews with city staff and other stakeholders relevant to the project. These meetings would be used primarily for providing progress updates, goals, direction of project, etc. At the present time, due to COVID restrictions and uncertainty about the future, it is assumed that all meetings will be conducted virtually until such time as in -person meetings are practical. Kick -Off Meeting & Project Management Plan -The project will begin with a kickoff meeting between the GTG team and the City of Federal Way's project team. Prior to the kickoff, GTG will put together a Project Management Plan ("PMP") including a project outline, timeframe, deliverables, and other milestones. After the meeting, based on feedback from the stakeholders GTG will revise the PMP accordingly. GTG will deliver the updated PMP within 7 days following the meeting. 2. Asset Inventory We will conduct an asset inventory to gain an understanding of the current infrastructure that can be leveraged for this project. These assets include but not limited to: ■ Any existing conduit, abandoned infrastructure, traffic signal interconnect, or other • City owned fiber optic cables including access points o With strand count and availability • Any building or cabinet space available for cable terminations and patch panels • Traffic lights • Streetlights • Any existing wi-fi access points • All camera locations: Public Safety, Traffic, Automatic License Plate Readers, and/or Building security cameras PROFESSIONAL SERVICES AGREEMENT - 7 - Rev. 7/2021 ` clTr nC CITY HALL Federal Way Feder l Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffederal way. com • Any capital improvement projects • Site list of all facilities to connect to the network • GIS maps including City -owned property, right of way, easements • Economic development zones, low/moderate income areas, un/underserved areas • Other as needed GTG can utilize this information in any form including GIS, PDF, Excel, Word, Pictures, KMZ, etc. This information will be requested as soon as possible after the project begins and put into a master GIS database. The GIS database will be turned over to the city upon completion of the project. GTG will also use the available contacts and websites to gain an understanding of the existing fiber throughout Federal Way that could be leveraged as part of the Broadband Planning Study. The local Internet Service Providers ("ISPs") will be contacted with the hopes of gaining an understanding of their current networks and future plans for the area. It is assumed that most providers will not share maps of their networks for proprietary reasons but in the spirit of the project they will typically verbally share information that can be used in the study. The analysis will include as much of this information as possible and will lead to a better understanding of the local networks and how the community is being served and show the inequalities that exist in all markets. These talks should yield an understanding to both the city and the providers of the current needs of the community and a greater understanding of how to solve these issues. The providers will also have needs and goals that should be considered in the designing of the network as they too are stakeholders in Federal Way and should be viewed that way. After all this information is collected and put into a comprehensive map, GTG will conduct a gap analysis indicating the areas of the city that will require new broadband infrastructure to extend services where needed/desired. 3. Technology and Trends Review Our team of experts maintain a presence in many forums and groups that help influence the direction of broadband. These nationwide groups: current state of broadband, what technologies have been successful and not successful. They are knowledgeable about the trends that are helping municipalities become smarter and more efficient, and the types of networks needed to support these technologies. The internet of things, or IoT, is a system of interrelated computing devices, mechanical and digital machines, objects, animals, or people that are provided with unique identifiers ("UlDs") and the ability to transfer data over a network without requiring human -to -human or human -to -computer interaction. IoT is quickly becoming such an integral part of our lives. IoT is the innovation that is bringing together various smart systems, frameworks, intelligent devices, and sensors meant to make our lives better, more efficient, safer, longer, and easier. We will bring this knowledge to the City of Federal Way and highlight the technologies and trends that are of particular importance to municipalities. 4. Broadband Availability and Market Analysis Within the City of Federal Way, there are multiple private companies that are providing broadband services to their residences and businesses. We will research and use many different resources to find what is available, the cost, and who is providing those services. PROFESSIONAL SERVICES AGREEMENT - 8 - Rev. 7/2021 CITY of CITY HALL ������I �� Feder l Avenue South Federal Way, WA 98003-6325 �� (253) 835-7000 www. cityoffederslwey. com As part of the analysis, we will interview the private sector companies and ascertain what networks exist and if there are plans for the future that would have an impact. We will contact the wireless, wireline, fixed wireless, and cellular companies with a presence in Federal Way. It is expected that these companies will not share maps or detailed plans, however, they typically will cooperate as much as they can. It should also provide an insight into the idea of partnerships and the level of interest these companies have. There are several resources on the state and federal levels that will be used to obtain coverage maps and availability. Every facility -based provider must report, every 6 months, FCC Form 477 every census block that they provide services and the speeds of that services. The FCC takes this information and provides maps that show the reported information. 5. Needs and Goals Assessments We will interview stakeholders within the City of Federal Way's departments, focus groups, major employers, etc. to determine the needs of these groups. The first step for knowing where to expand broadband and having a smart city is to satisfy the needs of the community and constituents. Goals are a major driving force for increasing broadband and fiber networks. It is imperative to know the technologies, IoT, programs, smart city applications, 5G and 6G, among many others. No two cities are the same and they all have different goals, objectives, and needs in order to make the city the best it can be. We will use our extensive experience to guide the interviews to learn how to best serve the city. The needs and goals assessment will include a survey with the questions determined by the Broadband Advisory Taskforce ("BAT") in coordination with GTG. 6. Gap Analysis During the discovery phases of the project, we will document and compare the current infrastructure with the network that will be needed to meet the needs and goals of the City. We will take all this information and develop an analysis of the gaps, or missing pieces that will be needed to complete the network. The analysis will include identifying unserved, underserved, and serviced as defined by the Community Economic Revitalization Board in addition to a focus on how the community is impacted. Between private networks, future plans, and current city assets a comprehensive road map will be outlined on how to fill the gaps. 7. High-level Broadband Design — Conceptual Routing Following the gap analysis, we will put together a conceptual high-level design ("HLD") that will fill the gaps. We will work with the City's team to find the most appropriate network type and design to fit the business model. We will create a design that will include expected construction types, route miles, and estimated costs, cable sizes, strand counts, route diversity, and redundancy to support an inclusive, high-speed, and reliable service at reasonable cost. The HLD will include area data centers and colocation spaces and benefits of the City of Federal Way connecting to any of these locations. GTGs design incorporates efficient and direct routing focusing on the most reliable and cost-effective construction methods. We will include technical specifications and a cost estimation should construction of a network be a feasible option. PROFESSIONAL SERVICES AGREEMENT - 9 - Rev. 7/2021 CITY OF CITY HALL Federal Way Feder l Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway. com 8. Business Model & Financial Analysis GTG will incorporate findings from the asset inventory, needs assessment, and partnership opportunities to develop a business model that fits the framework of financial, operational, and organizational requirements of Federal Way that will have the greatest chance of success and will be the most financially sustainable. We will present this business case to the City's team and provide an analysis of how it meets Federal Way's goals in the project. Each city is unique, and through our proven process we will work with Federal Way to find the model that is most feasible and presents the best opportunity for its unique community. Some considerations for the business model may include: Public -Owned • City -owned "middle mile" infrastructure with potential partnership opportunities for "last mile" connections Open Access • Proceed with the intent to lease or otherwise make available, fiber infrastructure (conduit, dark or lit fiber, vertical and other assets) to other municipal entities, telecommunications carriers, other service providers or businesses • Connect to an internet Point of Presence ("POP") and offer a choice of ISPs to partnership entities and end -users on the network through either wholesale, retail, revenue sharing or passive network access Demand -Driven • Deploying the network and associated services where areas of demand (both social and economic) will be strongest • Realizing a financial return on investment in terms of economic development impact, infrastructure enhancement, leased line or other communications service savings and revenue generation • Focusing on social return on investment in terms of enhancing Quality of Life via educational, Public Safety, and Smart City initiatives Incremental Build • City/municipal buildings and facilities, evaluating leased -line savings, communications, and operational enhancements • Community Anchor Institutions ("CAIs") such as large businesses, hospitals, learning institutions, etc. • Business economic development zones or corridors and the broader business community • Public Wi-Fi areas, public safety and other smart city services requiring a fiber backbone or otherwise enhanced by high-speed access • Eventual possibility of residential communities including multi -dwelling units ("MDUs"), low-income housing and the broader community at large. PROFESSIONAL SERVICES AGREEMENT - 10 - Rev. 7/2021 CITY of CITY HALL Federal Wa Feder 8th Avenue South , IQ �� y Federal Way, WA 98003-6325 (253)835-7000 www.citWffederahvey.com Other considerations • Leverage the existing network, including adding redundancy and resiliency, building the network to carrier -grade levels, monetizing current assets including leasing infrastructure • Capitalize on joint -trench opportunities and other right-of-way access opportunities in conjunction with other Public Works projects and private development agreements to expand network infrastructure After the best business model option has been selected, GTG proposes using our Broadband Financial Sustainability Model to ensure that Federal Way has a full understanding of the business and financial sustainability of the program. Using our financial tools, we suggest using the following process to conduct the business model analysis and make recommendations. We would propose using a 10-year period to analyze the project: • Develop the cost model for the network, including one-time and ongoing capital expenditures to build the network. This will include an assessment of current facility locations, City owned land and the City right-of-way for construction, and the need to purchase any land or equipment. Develop the cost model for operations, including O&M, network operations, field services, staffing, billing, and customer service. • From the market analysis and outreach, determine the customer segmentation and growth on the network, across each type of customer (business, school, hospital, etc.). ■ Determine customer growth rates for the network, based on benchmarking analysis from other utility and municipal providers. • Provide a phased deployment approach, including prioritization and costs for each phase. • Determine a proposed competitive rate schedule for potential services, using pricing information from the market analysis and benchmarking information. • Develop financial statements including: o Operating income and cash flow o Net present value analysis o Projected revenues and benefits o Uses and sources of funds o Operational expenses o Depreciation schedule o Debt service analysis o Key assumptions PROFESSIONAL SERVICES AGREEMENT - 11 - Rev. 7/2021 CE7Y OF ,. Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffed eral way. com Conduct comprehensive financial analysis on the project to determine overall financial sustainability using key metrics such as free cash flow, debt service coverage, operating margin, and net income. We will incorporate findings, review them with the City's team and provide direction for the final business case. 9. Phased Implementation Plan The culmination of the study will lay out the core strategies for Federal Way to develop a broadband communications strategy that supports Smart City/IoT initiatives. We believe a phased approach to implementing such a project is key. GTG's team will help you develop a prioritized, phased approach that uses a "crawl, walk, run" approach to broadband communications expansion. We will identify near term, high -impact projects that will demonstrate capabilities and competence for the City, while minimizing capital investment. These small steps are important to help you build toward larger goals. Building on the initial successes, we will provide a year -by -year roadmap for broadband deployment, based on the priorities of your community and with clear milestones that should be achieved along the way. We will also help you determine what activities, funding, resources, and partnerships you will need along the way to be successful at developing the City's city-wide broadband communications infrastructure. 10. Grants and funding opportunities Federal Way's geographic location and population will limit the grant opportunities. However, within SB 156 there may be provisions for urban areas that will have opportunities for Federal Way. 11. Digital inclusion One of the most paramount problems that has come to the forefront of the technology world is as technology advances the public has to be educated in how to use it. Most of the aged population does not have the skillset to access telehealth, distance learning, and other technologies and this must be addressed if Federal Way wants to become a smarter city. In addition to studying the aged population of Federal Way, the analysis will also include those that aren't served, underserved and low-income population based on the federal broadband standards. 12. Final report and presentation Upon completion of the project, GTG will present the final report to the City Council. This presentation will encompass the methodology, findings, and recommendations. PROFESSIONAL SERVICES AGREEMENT - 12 - Rev. 7/2021 CITY OF Federal Way Proposed Project Schedule Task Name Duration ,dProject Management 183 days Project Initiation 10 days Project Kickoff Meeting 0 days Discovery 90 days Asset Inventory 1 day Technology Trends and Review 0 days Broadband Availability and 0 days Market Analysis Needs and Goals Assessments 0 days Gap Analysis 0 days Provide Ongoing Knowledge of 183 days Funding Sources •Vision 60 days High - Level Network Design - 0 days Conceptual Routing Business Model & Financial 0 days Analysis Phased Implementation Plan 0 days Grants and Funding 0 days Opportunities Digital Inclusion 1 day •Broadband Master Plan Final 26 days Master Plan Draft 0 days Report Out to Council, Mgmt, 0 days Divisions CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.. cityoffederahvay.. com 2022 Qtr 3, 2022 Qtr a. 2022 QU 1, 2023 Start May Jun Jul Aug Sep Oct Nov Dec Jan Feb Fri 5/6/22 ' Tue 1/17/23 Fri 5/6/22 Thu 5/19/22 III Fri 5/6/22 Fri 5/6/22 ♦ 5/6 Tue 5/17/22 IMon 9/19/2, Tue 5/17/22 Tue 5/17/22 1 Mon 6/20/22 Mon 6/20/22 ♦ 6/20 Fri 7/8/22 Fri 7/8/22 ♦ 7/8 Wed 8/3/22 Wed 8/3/22 • 8/3 Mon 9/19/22 Mon 9/19/22 Fri 5/6/22 Tue 1/17/23 1111111111M Tue 9/20/22 Mon 22/12/22 Tue 10/4/22 Tue 10/4/22 Mon 10/31/22 Mon 10/31/22 Mon 11/21/22 Mon 11/21/22 Wed 12/7/22 Wed 12/7/22 Mon 12/12/22 Mon 12/12/22 Tue 12/13/22 Tue 1/17/23 Mon 12/19/22 Mon 12/19/22 Tue 1/17/23 Tue 1/17/23 ♦ 9/19 I � 1 ♦ 10/4 10/31 11/21 12/7 i it 12/19 1/17 PROFESSIONAL SERVICES AGREEMENT - 13 - Rev. 7/2021 CITY OF Federal Way EXHIBIT B COMPENSATION CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.. cityoffederaiway.. com 1. Total Compensation: In return for the Services, the City shall pay the Contractor an amount of Fifty - Nine Thousand Six Hundred Seventy and 00/100 Dollars ($59,670.00) combined with a 14% contingency of Eight Thousand Three Hundred Fifty -Three and 80/100 Dollars ($8,353.80) plus Washington State Sales and Use Tax of Six Thousand Eight Hundred Seventy and 40/100 Dollars ($6,870.40) for a total not to exceed of Seventy -Four Thousand Eight Hundred Ninety -Four and 20/100 Dollars ($74,894.20). 2. Method of Compensation: GTG will invoice Federal Way per the schedule below. Invoices are payable on net 30 terms from the date of invoice. Project M ement $5 070.00 Project Initiation Project Kickoff Meeting Discovery $19,500.00 Asset Inventory Technology Trends and Review Broadband Availability and Market Analysis Needs and Goals Assessment Gap Analysis Provide Ongoing Knowledge of SB 156 and other funding sources Vision $20,475.00 High - Level Network Design - Conceptual Routing Business Model & Financial Analysis Phased Implementation Plan Grants and Funding Opportunities Digital Inclusion Technology Master Plan Final $12,675.00 Master Plan Draft Report Out to Board, Management, Divisions Incidentals & Travel $1 950.00 Sub Total $59 670.00 Contingency 14% $8,353.80 Washington State Tax $6,870.40 PROFESSIONAL SERVICES AGREEMENT - 14 - Rev. 7/2021 CITY OF Federal Way Proposed Payment Schedule $17,500 upon contract signature $17,500 upon start of Vision Phase $15,000 upon start of Broadband Planning Draft $9,670 upon completion of Broadband Planning Study Hourly rate CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253)835-7000 www. cityofFederaA,vay.. com Should work outside of the fixed fee agreement herein be requested and authorized by the City, the GTG will bill only for actual hours worked at a rate of $195 per hour. PROFESSIONAL SERVICES AGREEMENT - 15 - Rev. 7/2021 CQ� 1 0 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 5/10/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Leap/Carpenter/Kemps Insurance Agency 3187 Collins Dr. Merced CA 95348 CONTACT Lourdes Banchero NAME: PHONE FAX .vc No Ext � 209-386-5077 vc Ho • 209-385-6127 AIL ADDRESS: Ibanchero Ickinsurance.com INSURE S AFFORDING COVERAGE NAIC # INSURER A: Scottsdale Indemnity Company 15580 INSURED GOVER-1 INSURER B : Government Technology Group dba GTG Jeff Lewis J INSURER C INSURERD: 2930 Geer Road, Suite 273 INSURERE: Turlock CA 95382 INSURER F : COVERAGES CERTIFICATE NUMBER:411941566 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE I DL N SD SUER WVD POLICY NUMBER POLICY EFF MM/DD/YYYY M ErM %P LIMITS X COMMERCIAL GENERAL LIABILITY EKI3386332 6/28/2021 6/28/2022 EACH OCCURRENCE $ 14000,000 rA CLAIMS -MADE � OCCUR SES Ea occ„mence $ 50,000 MED EXP JAny one person). $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY JECT LOC PRODUCTS - COMP/OP AGG $ 2,000.000 $ OTHER: AUTOMOBILE LIABILITY O8ABccldunlINEOSINGLELIMIT Ee a $ BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTYDAMAGE Per accident) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N I PER - STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N / A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT _ S If yes, describe under DESCRIPTION OF OPERATIONS below A Professional Liability EKI3386332 6/28/2021 6/28/2022 Each Claim 1,000,000 Retro Date 612812019 Aggregate 1,000,000 Retention -Each Claim 2,500 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION City of Federal Way 33325 8th Avenue S Federal Way WA 98003-6325 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD � 4 STnrx�� n b N dffy .Fd9 1qY' STATE OF WASHINGTON BUSINESS LICENSING SERVICE Thank you for filing online Our processing time generally takes up to 10 business days. Some endorsements may take more time for state or city approval. You will receive your business license with approved endorsements in the mail. An updated business license will be mailed to you when additional endorsements are approved. Confirmation Number: 0-026-645-036 Filing Date and Time: 05/10/2022 06:41:55 AM Payment Method: ACH Debit/E-Check Business Entity Information Entity Type: Limited Liability Company Name of Entity: GOVERNMENT TECHNOLOGY GROUP LLC UBI: Not Issued To get your UBI number, search our website after 10 business days at I icenselookup.wa.gov Business Location Information Firm Name: GTG Phone Number: (253) 835-2547 Fax Number: None Location Address: 3936 S QUINCY RD DENAIR CA 95316-8538 Mailing Address: 2930 GEER RD STE 273 TURLOCK CA 95382-1142 Trade Names Added GTG Trade Names Added GOVTECHGROUP Governing Person LEWIS LYNN JEFF Endorsement(s) Applied For Begin End Count Fee Tax Registration 05/10/2022 1 $0.00 $0.00 Fee Type Begin End Count Fee BLS Processing Fee 05/10/2022 1 $90.00 Trade Name Registration 05/10/2022 2 $10.00 $100.00 Grand Total: $100.00 b(L0004 ��6 s'raTg of o `� b � 9 w � x s �z 0 �x'L 1889 � Y STATE OF WASHINGTON Limited Liability Company BUSINESS LICENSE GOVERNMENT TECHNOLOGY GROUP GTG 3936 S QUINCY RD DENAIR CA 95316-8538 TAX REGISTRATION - ACTIVE CITY ENDORSEMENTS: FEDERAL WAY GENERAL BUSINESS - NON-RESIDENT - ACTIVE REGISTERED TRADE NAMES: GTG This document lists the registrations, endorsements, and licenses authorized for the business named above. By accepting this document, the licensee certifies the information on the application was complete, true, and accurate to the best of his or her knowledge, and that business will be conducted in compliance with all applicable Washington state, county, and city regulations. STATE OF WASHINGTON UBI: 604918097 001 0001 GOVERNMENT TECHNOLOGY TAX REGISTRATION - ACTIVE GROUP FEDERAL WAY GENERAL BUSINESS GTG - NON-RESIDENT - ACTIVE 3936 S QUINCY RD DENAIR CA 95316-8538 Issue Date: Jun 17, 2022 Unified Business ID #: 604918097 Business ID #: 001 Location: 0001 Expires: Jun 30, 2023 r Director, Department of Revenue Expires: Jun 30, 2023 Director, Department of Revenue IMPORTANT! PLEASE READ THE FOLLOWING INFORMATION CAREFULLY BEFORE POSTING THIS LICENSE General Information Endorsements Post this Business License in a visible location at your All endorsements should be renewed by the expiration place of business. date that appears on the front of this license to avoid any late fees. 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